Comparative Analysis: Cyber Security Act 2023 vs. Cyber Safety Ordinance 2025 in Bangladesh

Faijul Islam : In a significant legislative arena  the interim government of Bangladesh has repealed the widely debated Cyber Security Act, 2023 by replacing it with the newly promulgated Cyber Safety Ordinance, 2025. This desired transformation announced through an official gazette signed by Dr. Hafiz Ahmed Chowdhury, Secretary of the Legislative and Parliamentary Affairs Division added  a new chapter in the regulation of cyberspace and digital crime prevention in Bangladesh. This write-up presents a comparative analysis of the two instruments in terms of structure, content, institutional framework and legal philosophy of Cyber safety Act.

Legislative Origin and Nature

Cyber Security Act, 2023: A full-fledged Act passed by the Jatiya Sangsad replacing the Digital Security Act, 2018 but criticized for continuing several controversial provisions related to freedom of expression also curtail the freedom of media  and vague definitions of cyber offences.

Cyber Safety Ordinance, 2025: An ordinance issued by the interim government under presidential authority which  aim to ensure cyber safety through  investigative and judicial mechanisms. While its temporary nature may be questioned   signals urgency and an attempt to restructure the national cyber law regime more comprehensively for Bangladesh.

Institutional Framework

Cyber Security Act, 2023: The law provided for the formation of a Cyber Security Agency but lacked sufficient independence such as transparency  and detailed accountability mechanisms. Institutional overlaps with existing agencies caused confessional statement.

Cyber Safety Ordinance, 2025: Cyber safety establishes a more structured National Cyber Safety Agency headquartered in Dhaka with the provision for regional branches. A Director General and designated Directors will run and  guided by detailed rules by Delegated authorities . Moreover, the ordinance introduces a National Cyber Safety Council headed by the Chief Adviser or Prime Minister integration with key stakeholders such as ministers, intelligence chiefs and private expert notable enhancing coordination and strategic direction for a healthy cyber space.

Preventive and Strategic Mechanisms

Cyber Security Act, 2023: Though the Act contained penal provisions it lacked emphasis on preventive strategies and failed to clearly define protection protocols for critical infrastructure development.

Cyber Safety Ordinance, 2025: This ordinance  dedicates an entire chapter to preventive measures for cyber safety. The law explicitly outlines the identification and protection of critical information infrastructure and mandates periodic vulnerability assessments with a notable step towards proactive cyber defense.

Definition and Clarity of Offences

Cyber Security Act, 2023: The Act is full of  criticism for vague definitions leading to potential misuse against journalists and ordinary citizens. This overlap with penal codes made some offences redundant or overly broad commitment.

Cyber Safety Ordinance, 2025: Introduces more precise classifications of detailed offences and penalties reducing ambiguity. The  Chapter VI outlines cybercrimes and corresponding punishments with more clarity while Chapter VII lays down proper investigative integrity  and prosecutorial guidelines.

Judicial Oversight and Accountability

Cyber Security Act, 2023: We know Judicial redress mechanisms were criticized as being insufficient and slow. This critics pointed out the lack of checks on executive overreach and the possibility of arbitrary arrests under vague offences stipulated.

Cyber Safety Ordinance, 2025: The Act Introduces investigation and trial procedures under judicial oversight. Notably, the law includes a provision for the appointment of a retired Supreme Court judge (nominated by the Chief Justice) to the National Council prompt Justice maintaining  balance between executive action and constitutional rights.

International Cooperation and Data Governance

Cyber Security Act, 2023: There are  Limited attention was given to cross-border cyber threats or international data cooperation.

Cyber Safety Ordinance, 2025: Chapter VIII marks a departure by explicitly addressing regional prospect and international cooperation aligning Bangladesh’s cyber policy with international best practices and treaty obligations.

Language and Legal Hierarchy

Cyber Safety Ordinance, 2025: A notable innovation criteria  is the provision for publishing an authoritative English translation of the ordinance in the official gazette. However, in the event of a contradiction between the two texts in the time of interpretation the original Bengali version will prevail. This ensures linguistic clarity in legal interpretation and international referencing. While the Cyber Security Act, 2023 aimed to regulate the digital sphere ultimately failed to dispel the concerns surrounding digital surveillance on online and freedom of speech.

The Cyber Safety Ordinance, 2025, on the other hand, presents a broader concept with more inclusive and institutionalized approach reflecting an attempt to balance national security, digital rights, online safety and international cooperation. As an ordinance issued by an interim government the sustainable  legitimacy will depend on parliamentary endorsement and implementation fidelity. Also Legal practitioners, policymakers, stakeholders  and digital rights activists must now engage constructively to ensure that the ordinance evolves into a robust and depicting democratic cyber law framework for Bangladesh.

Author Faijul Islam, Lecturer of Law, Prime University